How To Write A Letter To The Judge For Sentencing
Video Transcript – R&R Law Group
In this video, we’re discussing how to write a letter to a judge. This is a question we get very often. People want to know: What happens if I write a letter to the judge? Will it help my case? Some think that sending a nice letter might cause the judge to dismiss their case or reduce charges. Unfortunately, in most situations, judges do not have the legal authority to do that. Only the prosecutor—the person representing the government, police, or state—has the power to dismiss or reduce charges.
However, judges do have some discretion during sentencing. This is when someone has either pleaded guilty or been found guilty by a jury or judge, meaning the question of guilt has been settled and the case is essentially closed. At this stage, judges can impose different sentences within a range—they may issue a presumptive sentence, an aggravated (higher) sentence, or a mitigated (lower) sentence. This is where a letter to the judge can be very helpful.
This video is primarily for people writing letters on behalf of someone who has been convicted or pleaded guilty, asking the judge for a more favorable sentence.
Key Points to Include in Every Letter to the Judge:
- Your full legal name: Clearly identify yourself. Don’t use nicknames or informal names. For example, write “Joseph Smith” instead of “Joe.”
- Your relationship to the defendant: Explain how you know the person. For example, “I have known John since grade school,” or “I am his wife,” or “We coach youth soccer together.” This helps the judge understand your connection and the context of your letter.
- Highlight the defendant’s positive qualities: Focus only on the good. For example, “John is a devoted father, a hard-working employee, and a dedicated community volunteer.” Avoid mentioning any negative traits or past issues.
- Acknowledge the seriousness of the offense: Show that you understand this is a serious matter and that the defendant and those around them are taking it seriously.
- Explain your support for the defendant: Describe how you will help the person after sentencing. This could include providing a stable home, helping with transportation, supporting participation in treatment or counseling programs, or assisting with employment. This demonstrates to the judge that the defendant has a strong support network.
- Address the letter correctly: Make sure the letter is addressed to the correct judge assigned to the sentencing. Use formal salutations like “The Honorable Judge [Full Name],” and ensure proper grammar, punctuation, and a professional format. A neat, typed letter is best.
Things to Avoid in Your Letter:
- Do not bad-mouth anyone: Avoid criticizing the judge, prosecutors, police, or the justice system. This letter should be positive and focused on the defendant’s character and support.
- Avoid mentioning negative or personal problems: Leave out any social or personal issues that might reflect poorly on the defendant. Even if the person has overcome hardships, only include this if it shows resilience positively and is relevant.
- Do not ask for what the judge cannot legally do: Remember, judges cannot dismiss charges or reduce them to lesser offenses during sentencing. Make reasonable requests within the judge’s authority, such as asking for leniency or alternative sentencing options.
Why These Letters Matter
Judges do read these letters and often consider them seriously. But keep your letter short, concise, and to the point. A well-written letter can make a significant difference by showing the judge that the defendant is supported by a community of people who care about their rehabilitation and future.
At R&R Law Group, we encourage collecting many letters early in the case to build a strong mitigation file. Presenting the judge with a substantial collection of support letters shows that the defendant has a positive impact on their community and a network ready to help them succeed after sentencing.
If you want help writing a letter or understanding how this process impacts your case, feel free to contact us for a free case evaluation. We’re here to help you navigate every step of this journey.
Thanks for watching.